Terms of Use

Important

Last Updated: December 18, 2023; Effective: January 1, 2024

 

Accolade, Inc. operates a series of companies including Accolade,  Accolade Expert MD, LLC or 2ndMD, PlushCare, Inc. and AccoladeCare, Inc. (“Accolade”, “we”, or “our”) along with its corresponding websites located at accolade.com, 2nd.md, plushcare.com, and accolade.com, and other websites, products, services and mobile applications which reference this Terms of Use (“Terms”), including, among others, the Accolade Mobile Application, Accolade Portal (including MyAccolade), PlushCare webpages, 2nd.MD webpages, and any other domains associated with the digital tools (collectively, the “Platform”). 

 

These Terms are structured to facilitate your access to the terms relevant to your specific use of the Platform, allowing you to easily navigate and understand the provisions applicable to your usage of the Platform. By accessing and using the Platform or anything associated with the Platform, including its content (“Content”), any affiliated website, software or application owned by Accolade (collectively, including the Platform and the Content, the “Service(s)”), you are agreeing to the following Terms.  

 

You are not required to register with Accolade in order to access the Platform. However, you must register with Accolade if you choose to utilize our Services. To register with our Platform, you must create an account (“Account”) by entering your name, email address, password, and additional information collected by Accolade (collectively “Account Information”). 

 

This Platform and these Services are not directed at anyone under the age of 18 and does not seek to obtain information from any person under the age of 18.  If you are between the ages of 13 and 17, you must obtain parental permission and ensure that they have read and agreed to these terms prior to using this Service. By using this Platform, you are attesting to the fact that you meet these requirements and possess the legal rights and ability to agree to these Terms.  

 

These Terms apply to the Service generally and are subject to any other agreement between you and Accolade and such terms of use, legal notices or disclaimers applicable to specific portions of the Service accessed by you. 

 

These Terms were last updated as of the date indicated at the top of these Terms. Accolade may revise these Terms at any time without notice. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Service on or after the effective date of such revision and/or addition. Know that we will never make changes to these Terms that diminish the protection of your personal information or are inconsistent with applicable law. 

 

Privacy Policy

Accolade may monitor your usage of the Service. By accessing and/or utilizing the Service, you agree that Accolade may disclose any information as may be collected from you by Accolade or any third party providing services to Accolade. Accolade will comply with all laws and regulations which apply to our collection, retention and use of information pertaining to you, and we shall take all practicable steps to ensure that any information collected from you is protected against unauthorized or accidental access, erasure, or use. 

 

You can view Accolade’s Privacy Policy at  https://www.accolade.com/privacy-policy.

 

You can view Accolade ExpertMD, LLC/2ndMD’s Privacy Policy at https://www.2nd.md/privacy/general.

 

You can view PlushCare’s Privacy Policy at https://plushcare.com/privacy.

 

You can view Accolade Care’s Privacy Policy at https://www.accoladecare.com/privacy-policy.

 

Accolade’s web and mobile services, including Accolade digital tools

In addition to this Platform, Accolade provides, from time to time, various web and mobile services to its customers and clients.  Such web and mobile services may have their own terms and conditions, and your use of such services is subject to any such additional terms and conditions. 

 

As a part of our Service, Accolade provides Accolade Digital Tools, which permits you and your family the opportunity to receive the same great Accolade service that we provide to hundreds of thousands of families through our Accolade Care Advocates in the form of a mobile app.  In order to provide you with access to the Accolade Digital Tools, there is certain personal and protected health information that the Accolade Digital Tools will securely access and transmit. Much of this information is similar to the information that our Accolade Care Advocates and clinicians access for you today, and includes: 

 

  • general personal and demographic information (e.g., name, sex, date of birth, address, dependents) 

 

  • health plan benefits and eligibility information 

 

  • health and claims information 

 

  • other personal or protected health information that you may provide to Accolade via the Accolade Digital Tools 

 

We access and use this information only as minimally necessary to provide Accolade Digital Tools to you. Even if you decide not to use the Accolade Digital Tools, Accolade will have access to certain of the above-referenced information in its role as a service provider to your employer and/or a health plan carrier through which you have purchased a health plan or other benefits. As an employee or member of a health plan of an Accolade customer, you have already consented to Accolade’s access to and use of information for these purposes. This will not change whether or not you use the Accolade Digital Tools. Even so, we only use or disclose your information as permitted by HIPAA (see the Privacy Notice) and to provide or inform you about Accolade Services or other services or benefits available to you under your health plan. 

https://www.accolade.com/legal/policies/privacymobile-terms-use/  

 

Consent to recording of calls and interactions with our services

You acknowledge and agree that any telephone calls between you and Accolade representatives may be recorded and/or monitored for training, quality assurance or other business purposes. You also agree that we and our third-party service providers may record and use information about your interactions with our Services and your communications with us (including, via chat features) for customer service, quality assurance, research, development and other purposes as described in our Privacy Policy at https://www.accolade.com/privacy-policy/. 

 

No misrepresentation of your identity

You will not falsely state or otherwise misrepresent your identity or affiliation with another person or entity to obtain access to the Accolade Digital Tools or to access another person’s information.    

 

Except where expressly authorized by law, e.g., in the case where you are an authorized personal representative for another person, you will not use another person’s access information to access the Accolade Digital Tools. Violation of this provision may subject you to civil and criminal penalties. 

 

Using the Accolade digital tools

Please consider Accolade’s provision of the Accolade Digital Tools to you a privilege and not a right. Accolade grants you a limited, non-exclusive, non-transferable, revocable license to use the Accolade Mobile solely for your own personal use and solely in accordance with these Terms. Accolade may revoke or suspend your access at any time for any reason. You are prohibited from: 

 

  • using the Accolade Digital Tools in any manner that could damage or overburden any Accolade server, or any network connected to any Accolade server, as all servers have limited capacity and are used by many people; 

 

  • using the Accolade Digital Tools in any manner that would interfere with another party's use of the Accolade Digital Tools; 

 

  • including the term ACCOLADE®, ACCOLADE CARE ADVOCATE, or any Accolade trademark or executive's name or any variation of the foregoing in any unauthorized manner or as a meta-tag or hidden textual element in another web site or application; 

 

  • using any robot, spider, intelligent agent, other automatic device or manual process to search, monitor or copy information provided via the Accolade Digital Tools or the reports, data, information, content, software, products, services or other materials on, generated by or obtained from the Accolade Digital Tools, whether through links or otherwise (collectively "Devices") without Accolade's permission, provided that generally available third party web browsers may be used without such permission; 

 

  • using the Accolade Digital Tools or the Devices in any manner that could create an impression of affiliation, sponsorship or endorsement by Accolade or any of its customers; 

 

  • using the Accolade Digital Tools for any unlawful, illegal or prohibited purpose; 

 

  • using the Accolade Digital Tools to damage or attempt to do harm to others; or 

 

  • uploading or posting statements or information that would be reasonably understood to be offensive, obscene, constitute pornography, illegal content, or any of the like. 

 

  If you do any harm by your wrongful actions in using the Accolade Digital Tools, you agree to pay Accolade or any other party associated with Accolade for any losses, damages or costs resulting from your failure to comply with these Terms. 

 

Minimum system requirements

The Accolade Digital Tools is designed to work on a variety of mobile devices, including devices running iOS and Android operating systems. The Accolade Digital Tools may not be compatible with all devices or operating systems, especially older operating systems that have not been regularly updated. Accolade shall have no responsibility or liability for any non-compatibility, loss of functionality or degraded performance in the Accolade Digital Tools due to any particular device or operating system. You are responsible for keeping for your device and operating system up to date. 

 

Communicating with your Accolade Care Advocate or Accolade Clinician

The Accolade Digital Tools contains functionality for you to create an asynchronous messaging session (e.g., chat) with your Accolade representative, which may include an Accolade Care Advocate or Accolade clinician. We try to connect you with your personal Accolade representative, but cannot guarantee that your personal Accolade representative will always be available at the times you attempt to contact them. If your personal Accolade representative is not available, you will have the option to leave a message for them to get back to you, or connect with another Accolade representative. 

 

Be courteous. Your Accolade representative is there to help you. However, Accolade follows strict anti-harassment and anti-discrimination policies and will not tolerate inappropriate behavior. Your access will be immediately terminated, in our sole and absolute discretion, if you harass, discriminate, threaten, or otherwise engage in any inappropriate behavior during any communication with your Accolade representative.  Subject to applicable law, such behavior may be reported to your employer and you expressly agree to such disclosure.  

 

Accolade’s typical hours of operation are between 8 a.m. through 8 p.m. eastern time. If your employer is based on the west coast of the United States, Accolade’s hours of operation may be extended to 8 p.m. pacific time. Your Accolade representative may not be available at all times. 

 

Accolade prides itself on providing accurate, up-to-date information to you in helping you navigate your healthcare. However, the content and information contained on and provided through the Accolade Digital Tools may contain inaccuracies and typographical errors, and is provided on an “as is” basis. Accolade makes no representations about suitability, accuracy, completeness, reliability or timeliness of information, content or services. If you are dissatisfied with information provided on the Accolade Digital Tools, please advise Accolade immediately. Accolade will not be responsible or liable for any direct, indirect, equitable, consequential, special or monetary damages resulting from your use of the Accolade Digital Tools. The use of this information is at your own risk. 

 

Use of information you provide 

Accolade complies with all laws and regulations which apply to our collection, retention and use of information pertaining to you, and we shall take all practicable steps to ensure that any information collected from you is protected against unauthorized or accidental access, erasure or use. More specifically, all of your personal information and any PHI you provide will be kept private and secure and treated in accordance with the HIPAA Privacy and Security Rules. With respect to your personal information, Accolade has adopted privacy and security measures that comply with, and in many cases exceed, the standards set forth by the HIPAA Privacy and Security Rules. 

 

You may post information about you and your family members, including minor children for whom you are the legal guardian or personal representative. You are solely responsible for the information that you submit. You agree that Accolade may access and use this information to provide services to you and your family. All information or content provided by you to Accolade will be used by Accolade in accordance with our Privacy Notice. Specifically, know that our communications with you are strictly limited to and for the purpose of providing information to you about the benefits available to you under your health plan, including the services provided by Accolade. 

 

Accolade may monitor your usage of the Accolade Digital Tools in order to improve quality, and to enhance our service to you. 

 

In addition, certain information that Accolade will collect and use via the Accolade Digital Tools may constitute Protected Health Information (PHI) under HIPAA. Your employer and Accolade have contracted with various health-related and insurance-related service providers. Some of these service providers provide health-related services that may be of interest to you, such as telemedicine, second opinion services, cost transparency, or services that can assist you with specific conditions, such as diabetes or obesity. We will only contact you about such services if they are part of your health plan. We will not contact you about third-party services that are not part of your health plan, or permit such third parties to independently market to you. 

 

While Accolade does not sell your information to any third parties for remuneration, and complies with applicable law regarding the disclosure of PHI, in order to provide you with the full benefit of Accolade services and the services that your employer or health plan may offer to you, Accolade may provide certain information, including PHI, to such service providers in order to assist you in using such services. Disclosure may also be made as permitted by applicable law for the purpose of treatment, payment or health care operations as permitted by HIPAA. You expressly authorize Accolade to make such disclosures. Again, rest assured that Accolade makes such disclosures as permitted by HIPAA and in connection with Accolade Services and the specific benefits available to you under your health plan. We will not provide any information to third parties to enable them to independently market their services to you, which are not part of your health plan benefits. 

 

Accolade, your employer, and your health plan and such third-party service providers may want to provide you with relevant products and service offerings that are part of your health plan benefits, from time to time, and you expressly authorize Accolade and such entities to use your information to contact you about these products and services.  You acknowledge that you are not required to use or purchase any of these products or services. 

 

However, if you do choose to purchase or use such products or services, you may be asked by such service provider to provide additional personal information in order to receive such products or services. Accolade is not responsible for any information that you choose to provide to such service providers, and you understand that such service providers may not be subject to health information privacy laws. Accolade will not disclose any such information to service providers that are not subject to health information privacy laws unless they abide by specific safeguards and contractual restrictions that protect your privacy. 

 

Your authorization hereunder is voluntary. We will not, and do not have the ability to condition your enrollment in any health plan or eligibility for benefits or payment of claims in a health plan on your accepting such authorization. 

 

Information purposes only 

The Content has been prepared solely for information purposes, and your use of the Service does not entitle you to any product or service offered by Accolade.  If your employer or health plan is an Accolade customer, please call your Accolade Care Advocate who will be happy to assist you. The Content contains general information only and does not consider any particular person’s health or situation. All information, opinions and estimates expressed on the Content are current as of the date of publication, are subject to change without notice, and may become outdated over time. 

 

The opinions expressed on the Content are non-binding and may not represent the actual terms and conditions of Accolade services.  Statements or opinions on this Content do not constitute medical, psychological, or other professional advice.  Contact your doctor or nurse if you need non-emergency medical care. 

 

Accolade is here to simplify healthcare and your health benefits for you and your family. We are here to help you understand your healthcare options, to facilitate your use of the healthcare system and to support you as you make your healthcare decisions. Accolade does not provide medical advice, provide nursing care, diagnose or deliver treatment. Those are activities for you to undertake with your doctor or other appropriately trained and qualified health professional.  

 

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR OR 911 IMMEDIATELY. 

 

No reliance 

While Accolade has endeavored to ensure the accuracy of the information on the Service, Accolade does not guarantee or give any representation or warranty as to the non-infringement, accuracy, timeliness or completeness of any information, published third-party content or material published on the Service. ALL SERVICE INFORMATION IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  Accordingly, you should not place reliance on Service content. In relation to third-party content, Accolade may not have independently verified the accuracy or completeness of such information or the assumptions on which such information is based.  

 

No representation or warranty 

THIS CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS (INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS), TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. Materials on the Content may be subject to incorrect data transmission or other faults due to the public nature of the Internet. Accolade may amend, relocate, remove or delete any such materials from time to time in its sole discretion. Without prejudice to the foregoing, and to the extent permitted by applicable law, Accolade makes no representations or warranties: 

 

  • regarding the accuracy, timeliness, adequacy, commercial value or completeness of any data and/or information contained on the Content; 

 

  • that the Content is free from computer viruses or other malicious, destructive or corrupting codes, agents, programs or macros; or 

 

  • that the functions contained on the Content will not be interrupted, or error-free or that defects will be corrected. 

 

Accolade accepts no responsibility or liability in relation to such matters. To the extent permitted by applicable law, in no event will Accolade be liable for the published content of any third party which is available on the Service or any direct, special, indirect, consequential, incidental damages or any other damages of any kind, including damages caused by gross negligence or willful misconduct arising out of your use of the Service. 

 

Service-specific terms 

Usage of 2nd.MD Service

No Practice of Medicine by 2ndMD 

 

2nd.MD does not provide medical advice or care. The 2nd.MD Services provide users with online access to Specialists who may provide health education to Members who have chosen to participate in this Service. 2nd.MD DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTION OF ANY KIND. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY 2nd.MD, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS BETWEEN PROFESSIONALS UTILIZING THE SITE AND CONSUMERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL AND HEALTH EDUCATION PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. 2nd.MD IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY 2nd.MD OR ANY PROFESSIONALS THAT UTILIZE 2nd.MD AT THE INVITATION OF 2nd.MD IS SOLELY AT YOUR OWN RISK. 

 

All information provided by 2nd.MD is intended to be for general informational purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. 

 

Independence of Specialists and Professionals 

The specialists and professionals utilizing or featured on the 2nd.MD Service are subscribers and licensees to the 2nd.MD Service and not employees. Any health education, opinions, advice, or information expressed by a professional or specialist utilizing or featured on the Service are of the professional and the professional alone. They do not reflect the opinions of 2nd.MD. 2nd.MD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on 2nd.MD or by a licensee of 2nd.MD.  

 

SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND 2nd.MD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.  2nd.MD SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON THE SERVICE. The use of the Service by any entity or individual to verify the credentials of professionals or specialists is prohibited. 

 

All opinions and statements expressed by a specialist or professional on this 2nd.MD Service and during any session facilitated through this 2nd.MD Service are solely the individual and independent opinions and statements of the specialist or professional and do not reflect the opinions of 2nd.MD, its affiliates or any other organizations or institutions to which such Specialist or Professional is affiliated or provides services. 

 

Availability of Service 

2nd.MD operates subject to state and federal regulations, where applicable, and the 2nd.MD Service may not be available in your state, territory, and country. You represent that you are not a person barred from accessing the 2nd.MD Service under the laws of the United States, the European Union, or other applicable jurisdictions in which you may be located. Accessing the Service from jurisdictions where content is illegal, or where 2nd.MD does not offer services, is prohibited. 

 

Your access to the 2nd.MD Service is provided on a temporary basis with no guarantee for future availability. You agree that we may immediately suspend or terminate your access to the Service or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of these Terms of Use or other incorporated agreements or guidelines; (2) discontinuance or material modification to the Service; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party. 

 

We use commercially reasonable efforts to maintain the 2nd.MD Service, but we are not responsible for any defects or failures associated with the 2nd.MD Service, any part thereof, any Feedback you provide, or any damages (such as lost profits or any other consequential or indirect damages) that may result from any such defects or failures. The Service may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that the 2nd.MD Service is provided over the Internet, so the quality and availability of the 2nd.MD Service may be affected by factors outside of our control. The 2nd.MD Service is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of the 2nd.MD Service. We do not represent, warrant, or guarantee that the Service will always be completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to the 2nd.MD Service being unavailable. 

 

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Service on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Service, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third -party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.

 

Usage of PlushCare and/or Accolade Care Service

Eligibility and Acknowledgement 

 

Accolade Care is the employer-sponsored model of PlushCare. 

 

By using the PlushCare and Accolade Care websites located respectively at  plushcare.com and accoladecare.com (collectively “Care Sites”), which is operated by PlushCare, Inc. and PlushCare of California, Inc., P.C. (“PlushCare”) (PlushCare, Inc. and PlushCare of California, Inc., P.C., collectively, “Care Companies”), you acknowledge and agree that (a) the PlushCare and Accolade Care service (“Care Service”) is provided at the sole discretion of the Providers; (b) the Care Service is limited to diagnosis and treatment of those non-emergent medical condition appropriate for diagnosis and treatment using email, telephone and/or telecommunications; (c) consistent with applicable state and federal law, PlushCare will retain your medical records as your primary care provider unless you object (by sending an e-mail to [email protected] or a letter and self-addressed stamped envelope to: PlushCare, 101 Mission St. Suite 800, San Francisco, CA 94105-1744) and request PlushCare share your medical records with an alternative primary care provider (d) when accessing the Care Service you are physically present in the location you have indicated in your Account settings and you confirm that you are physically located in a state or jurisdiction in which PlushCare operates when you request to use the Care Service; (e) the Care Service may not be reimbursable by Medicare, Medicaid or any other government health care program, and you agree not to seek coverage for any Care Service that is not reimbursable by such programs; (f) the Care Service may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations or other payors, but you may separately from PlushCare seek reimbursement from any such payor for the cost of use of the Care Service (g) you are at least 18 years of age, or accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation; and (h) if you are seeking services on behalf of a child, dependent or other person for whose medical care you are responsible, your approval of the terms of these Terms will bind such other person to these Terms. 

 

Charges on Your Billing Account 

(a) General. PlushCare bills you through an online account (your “Billing Account”) for use of the PlushCare Service. You agree to pay PlushCare all charges at the prices then in effect for any use of the PlushCare Service by you or other persons (including your agents) using your Billing Account, and you authorize PlushCare to charge your chosen payment provider (your “Payment Method”) for the PlushCare Service. You agree to make payment using that selected Payment Method. PlushCare reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are responsible for all applicable fees and charged incurred, including applicable taxes and all subscriptions purchased by you. 

 

(b) Current Information Required. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify PlushCare if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure of your user name or password. 

 

(c) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If PlushCare does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. 

 

(d) Authorization to Auto-Charge Payment Method on File. By providing your credit card or charge account information, you authorize PlushCare to automatically charge your chosen Payment Method for unpaid payments or outstanding balances. PlushCare will never charge your Payment Method without informing you first, and will provide at least two notices (via e-mail and/or SMS messages) of your unpaid payment(s) or outstanding balance(s) to the chosen contact method registered to your Billing Account, prior to automatically charging your Payment Method. 

 

(e) As a Blue Shield of California enrollee, you must be notified that all services received through a third-party corporate telehealth provider are available at in-network cost-sharing and out-of-pocket costs so that it shall accrue to any applicable deductible or out-of-pocket maximum. 

 

Modifications to Service 

PlushCare reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PlushCare shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

 

Service Use Termination 

You may terminate your use of the PlushCare Services at any time. If you wish to terminate your membership, you can do so by contacting us via email at [email protected]. If you terminate your membership, your membership will remain active until the end of your then-current membership period. We may terminate your use of the PlushCare Services at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the PlushCare Services. If we terminate your use of the PlushCare Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Membership Fee. We are not required to provide you with notice prior to terminating your use of the PlushCare Services or a reason for such termination. If we terminate your access to the PlushCare Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Membership Fee that you paid for the remainder of your membership period. 

 

Prescription Delivery Options 

PlushCare Providers write prescriptions in accordance with their professional judgment and federal and state law. Prescriptions may be written only for the limited medical conditions we treat. You will not be able to obtain a prescription product unless you have completed a consultation with a PlushCare Provider. There is no guarantee that a Provider will write you a prescription. We do not write prescriptions for DEA controlled substances.  

 

If a Provider determines a prescription is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice. Certain prescriptions can be filled through a mail-order pharmacy. Other prescriptions are not available through a mail-order pharmacy and must be filled by a local pharmacy of your choice. You will be prompted to state your choice of pharmacy during your use of the PlushCare Service. 

 

If you complete a consultation with a Provider and fill a prescription through a mail-order pharmacy, the prescription product will be shipped to you by the applicable pharmacy. Mail-order pharmacies are third-parties, independent of PlushCare.  

 

The costs associated with a prescription written in connection with a teletherapy service may be included in the Membership Fee described below. For all other prescriptions, you or your health insurance are responsible for the cost of the prescription product. If you fill a prescription with a pharmacy other than a mail-order pharmacy, PlushCare will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product. 

 

Membership Fee 

PlushCare charges a membership fee (the “Membership Fee”) for access to certain features of the PlushCare Services. The Membership Fee may be modified by notice in accordance with these Terms. Certain members may have access to the PlushCare Services through their employers, professional affiliations, or other organizations, and as a result, the Membership Fee will not apply to such members. In the event that you are no longer eligible for such coverage from an employer, professional affiliations or other organizations (e.g., the employer no longer offers such benefit or you are no longer employed by the employer), then you will have the option to (i) continue use of the PlushCare Services and assume payment of the applicable Membership Fees, or (ii) terminate your use of the PlushCare Services. If you do not have insurance coverage for the Services, or if payment or coverage is denied by your health plan or employer, and you have used the Services, you acknowledge and agree that you will be personally responsible for all fees or charges. PlushCare offers no guarantee that your health plan or employer provider will be responsible for such fees or charges. 

 

The Membership Fee covers costs associated with personal services and tools that enhance your healthcare experience, but are typically not covered by insurance. Membership services include higher-touch personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, digital tools for easy access to PlushCare services and doctors, as well as lifestyle and wellness offerings. PAYMENT OF THE MEMBERSHIP FEE TO PLUSHCARE IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT PLUSHCARE. There are options for accessing Medical Services with PlushCare without payment of this fee, such as cancelling before the free 30 day trial period is over. To learn more about the Membership Fee contact us at [email protected].  

 

If you are receiving and utilizing the Accolade Care Services through your employer, then you may be subject to certain limitations for your use of the Accolade Care Services.  Your employer may only cover a limited number of visits with Accolade Care providers (eg. 12 primary care or other medical consultation visits and 12 mental health consultation visits) during the calendar year.  These visits are covered by your employer.  Any visits that you use beyond the allotted visits, as allowed by your employer, will be subject to additional fees depending on your health plan coverage, deductible and copay amounts.  See your employer sponsored plan and/or health plan to determine the applicable fees to which you may be subject.  If you elect to continue to use the Services after you have reached the limits paid by your employer, then you agree to the pricing and payment terms as set forth in your account or made available to you online.   

 

The Membership Fee is not a covered benefit under health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Membership Fee.

 

For our paid members, PlushCare will charge your Membership Fee to your designated billing account. You may select either a monthly or an annual Membership Fee. For the purpose of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. 

 

Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that PlushCare is authorized to charge the same Payment Method described in section 4 above. The monthly renewal Membership Fee will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s Membership Fee to the Payment Method you provided. Refunds cannot be claimed for any partial month subscription period. 

 

Our “Annual” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that PlushCare is authorized to charge the Payment Method used for (i) the initial annual Membership Fee at the rate secured at the time of purchase, and (ii) the renewal Membership Fee (s). You must cancel your subscription before it renews in order to avoid billing of the renewal Membership Fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period. 

 

YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING US AT [email protected]. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES.  IF YOU CHANGE FROM A MONTHLY SUBSCRIPTION TO AN ANNUAL SUBSCRIPTION DURING THE BILLING CYCLE, YOU WILL RECEIVE A PRORATED REFUND FOR THE REMAINDER OF THE PREPAID MONTH, AS APPLICABLE.  

 

If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by contacting us at [email protected]. 

 

Disclaimers Regarding the Service 

YOU AGREE THAT YOUR USE OF THE PLUSHCARE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE SITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED, AND AGREE THAT YOU WILL SEEK CARE ELSEWHERE IN THE EVENT OF A MEDICAL EMERGENCY OR URGENT HEALTHCARE NEED.

 

The PlushCare Service is not a replacement for your primary care physician or annual office check-ups. The PlushCare Service is not an online pharmacy, and Providers do not prescribe drugs listed as controlled substances by the U.S. Drug Enforcement Agency. You agree that any prescription obtained through the PlushCare Service from a Provider will be used only for its intended use. PlushCare does not guarantee that a specific medication will be prescribed if requested. 

 

Arbitration of Disputes for PlushCare Members 

(a) It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this Agreement were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. 

 

(b) You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all treatment or services provided by PlushCare or physicians employed or engaged by PlushCare, including a spouse or heirs and any children, whether born or unborn at the time of the occurrence giving rise to any claim. This includes, but is not limited to, all claims for monetary damages exceeding the jurisdictional limit of the small claims court, including, without limitation, suits for loss of consortium, wrongful death, emotional distress or punitive damages. You further understand and agree that if you sign this Agreement on behalf of some other person for whom you have responsibility, then, in addition to myself, such person(s) will also be bound by this agreement to arbitrate, along with anyone else who may have a claim arising out of the treatment or services rendered to that person. You also understand and agree that this agreement to arbitrate relates to claims against PlushCare or physicians employed or engaged by PlushCare and any consenting substitute physician, as well as the physicians’ partners, associates, association, corporation or partnership, and the employees, agents, and estates of any of them. You also hereby consent to the intervention or joinder in the arbitration proceeding of all parties relevant to a full and complete settlement of any dispute arbitrated under this Agreement, as set forth in the Medical Arbitration Rules of the California Medical Associations and the California Hospital Associations (the “Rules”). 

 

(c) You agree that the arbitrators have the same immunity from civil liability as that of a judicial officer when acting in the capacity of arbitrator under this agreement to arbitrate. This immunity shall supplement, not supplant, any other applicable statutory or common law. 

 

(d) YOU UNDERSTAND THAT YOU DO NOT HAVE TO SIGN THIS AGREEMENT TO ARBITRATE IN ORDER TO RECEIVE THE SERVICES OF PLUSHCARE OR ITS EMPLOYED OR ENGAGED PHYSICIANS, AND THAT IF YOU DO SIGN THIS AGREEMENT TO ARBITRATE AND CHANGE YOUR MIND WITHIN 30 DAYS OF TODAY, THEN YOU MAY CANCEL THIS AGREEMENT ARBITRATE BY GIVING WRITTEN NOTICE TO PLUSHCARE WITHIN 30 DAYS OF THE DATE OF YOUR SIGNATURE BELOW STATING THAT YOU WANT TO WITHDRAW FROM THE ARBITRATION PROVISIONS OF THIS AGREEMENT. SHOULD YOU CHOOSE TO WITHDRAW FROM THE ARBITRATION PROVISIONS OF THIS AGREEMENT, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT. 

 

(e) On behalf of yourself and all others bound by this agreement to arbitrate as set forth in Paragraph 18(b), agreement is hereby given to be bound by the Medical Arbitration Rules of the California Medical Associations and the California Hospital Associations, as they may be amended from time to time, which Rules are hereby incorporated into this Agreement. 

 

SMS Text Messaging 

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from PlushCare at any time by texting the word STOP to from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. 

 

Limitation of liability

YOU UNDERSTAND AND AGREE THAT ACCOLADE LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE AND THE CONTENT. 

 

NOTWITHSTANDING THE ABOVE LIMITATION OF LIABILITY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT THE MAXIMUM AMOUNT OF ACCOLADE’S LIABILITY, IF ANY, RELATED TO YOUR USE OF THIS SERVICE SHALL BE CAPPED AT ONE-HUNDRED UNITED STATES DOLLARS ($100.00). 

 

Local laws and regulations 

Accolade services are generally available only within the United States and this Service is not directed at persons who may access the Service via the Internet from locations outside the United States. 

 

Accolade does not represent that any of the materials, opinions or other content on the Service are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Service do so on their own initiative, and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt. If you are prohibited from accessing websites, such as the Service, from your location, you should not access the Service, and Accolade take no responsibility for such prohibited access. 

 

Intellectual property 

All right, title and interest in the Service is the exclusive property of Accolade except as otherwise stated. 

 

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, and upload to create derivative works from, create derivative works from, transmit, or in any way exploit any part of the Service. 

 

All trademarks, service marks, trade names, brand features and logos displayed on this Service are proprietary to Accolade, except as explicitly noted. Nothing contained on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this Service without the written permission of Accolade or such other third party that may own the trademark displayed on this Service. Your use of the trademarks displayed on this Service, except as provided in these Terms of Use, is strictly prohibited. 

 

Any unauthorized use of the trademarks, service marks, trade names, brand features and logos displayed on this Service may violate copyright, trademark or other intellectual property laws, and the laws of privacy and publicity and communications. If you download any information from this Service, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information. 

 

Additionally, you may not offer any part of the contents of the Service for sale or distribute such part over any medium, including, but not limited to, distribution by television or radio broadcast, or distribution on a computer network. You may not make any part of the Service available as part of another website, whether by scraping, robotic or web-bot access, hyperlink framing on the Internet or otherwise. The Service and the information, commentary and materials contained therein may not be used to construct a database of any kind. You shall not store the Service (in its entirety or in any part) in databases for access by you or any third party or distribute any database sites containing all or part of the Service. 

 

Subject to your strict compliance with these Terms of Use, Accolade grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use the content and information on the Service. You must retain all copyright, trademark and other proprietary notices contained on the Service. You have no other rights or interests, and you will not permit any improper or unauthorized third-party use or access. 

 

If you believe that any content on the Service contains content that violates your rights or has been copied in a way that constitutes a copyright infringement, please let Accolade know immediately at the address listed below. 

 

Prohibited uses 

You are prohibited from: 

 

  • using this Service in any manner that could damage or overburden any Accolade server, or any network connected to any Accolade server, as all servers have limited capacity and are used by many people; 

 

  • using this Service in any manner that would interfere with another party’s use of the Service; 

 

  • including the term ACCOLADE®, ACCOLADE CARE ADVOCATE, or any Accolade trademark or executive’s name or any variation of the foregoing, as a meta-tag, hidden textual element; 

 

  • using any robot, spider, intelligent agent, other automatic device or manual process to search, monitor or copy this Service or the reports, data, information, content, software, products, services or other materials on, generated by or obtained from the Service, whether through links or otherwise (collectively “Devices”) without Accolade’s permission, provided that generally available third party web browsers may be used without such permission; 

 

  • using this Service or the Devices in any manner that could create an impression of affiliation, sponsorship or endorsement by Accolade or any of its customers; 

 

  • using the Service for any unlawful, illegal or prohibited purpose; 

 

  • using the Service to damage or attempt to do harm to others; or 

 

  • uploading or posting statements or information that would be reasonably understood to be offensive, obscene, constitute pornography, illegal content, or any of the like. 

 

If you do any harm by your wrongful actions in using the Service, you agree to pay Accolade or any other party associated with Accolade for any losses, damages or costs, resulting from your failure to comply with these Terms of Use. 

 

Link to and from the service

Third party sites or pages that are linked to the Service are for information purposes only and may not have been reviewed or verified by Accolade. Accolade has no responsibility for the content of the third party sites or pages linked to or from the Service and no affiliation, sponsorship, approval, verification, investigation, monitoring or endorsement of any such sites or pages or of their content is implied. Following links to or from any other sites or pages shall be at your own risk and Accolade accepts no responsibility or liability, to the extent permitted by any law, for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked sites or pages. 

 

SMS text messaging 

The Accolade service enables communication by means of SMS text messages to and from your mobile device, if you elect to receive SMS messages. 

 

You may text TNC to 67793 to receive a link to download the mobile app or ask your Accolade Care Advocate to have a link sent to you via SMS. To stop the SMS text service at any time, text STOP to 67793. To receive help information, text HELP to 67793 or reply HELP to any message or email: [email protected]. 

 

Carriers are not liable for delayed or undelivered messages. 

 

Consent to receive SMS text messages is not required as a condition of registering for or using the Accolade service. Texts may be sent using an automatic telephone dialing system. Message and data rates may apply. You will receive one message per request. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. 

 

Web browser

The following web browsers are recommended for viewing the Service: Google Chrome, Microsoft Internet Explorer 8.0, or higher. 

 

General 

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms of Use shall remain in full force and effect. 

 

Contact us 

If you have any questions, comments or concerns about the Service or these Terms of Use, please contact us as follows: 

For information on how to purchase Accolade services: 

EMAIL:  [email protected]  

 

SALES REQUEST FORM:  https://www.accolade.com/contact 

 

PRIVACY CONCERNS: 

EMAIL: [email protected]  

MAIL: Accolade, Inc., 660 West Germantown Pike, Suite 500 Plymouth Meeting, PA 19462 

 

SECURITY CONCERNS: 

EMAIL: [email protected]  

MAIL:  Accolade, Inc.,  660 West Germantown Pike, Suite 500  Plymouth Meeting, PA 19462 

 

General Website Questions:  

EMAIL: [email protected]